Written Answers Friday 31 August 2007

Scottish Executive

Criminal Justice (Scotland) Act 2003

Bill Butler (Glasgow Anniesland) (Lab): To ask the Scottish Executive how many individuals have been charged under section 74 of the Criminal Justice (Scotland) Act 2003, broken down by local authority area.

Kenny MacAskill: The available information about charges reported to procurators fiscal where the charge involved a religious aggravation is given in the following table.

  Number of Charges Received by Procurators Fiscal where the Charge Included a Religious Aggravation in Terms of Section 74 of the Criminal Justice (Scotland) Act 2003, 2003-04 to 2006-07

  

Area
Procurator Fiscal Office
2003-04
2004-05
2005-06
2006-07
Grand Total


Argyll and Clyde  
Campbeltown
1
0
10
3
14


Dumbarton
1
3
9
33
46


Dunoon
0
1
0
2
3


Greenock
0
8
6
12
26


Oban
0
3
1
4
8


Paisley
4
4
12
11
31


Rothesay
0
1
0
5
6


Area total
6
20
38
70
134


Ayrshire 
Ayr 
4
5
10
26
45


Kilmarnock
3
9
34
24
70


Area total
7
14
44
50
115


Central  
Alloa
0
2
5
1
8


Falkirk
2
2
12
8
24


Stirling
4
8
6
12
30


Area total
6
12
23
21
62


Dumfries and Galloway  
Dumfries
1
2
1
4
8


Kirkcudbright
0
0
1
0
1


Stranraer
0
2
1
11
14


Area total
1
4
3
15
23


Fife  
Cupar
0
1
2
0
3


Dunfermline
3
3
5
9
20


Kirkcaldy
0
1
0
2
3


Area total
3
5
7
11
26


Glasgow   
Glasgow A
51
61
100
72
284


Glasgow C
11
23
28
64
126


Glasgow E
31
120
163
69
383


Glasgow G
39
40
163
124
366


Area total
132
244
454
329
1,159


Grampian  
Aberdeen
5
3
1
4
13


Banff
0
1
0
0
1


Elgin
0
0
3
1
4


Area total
5
4
4
5
18


Highland and Island   
Dingwall
0
0
0
1
1


Inverness
0
3
0
8
11


Lerwick
0
0
0
1
1


Lochmaddy
0
1
1
0
2


Area total
0
4
1
10
15


Lanarkshire  
Airdrie
40
55
32
54
181


Hamilton
34
75
54
60
223


Lanark
0
8
4
7
19


Area total
74
138
90
121
423


Lothian and Borders 
Duns
0
1
0
0
1


Edinburgh
5
14
10
34
63


Haddington
0
1
2
0
3


Jedburgh
0
2
0
3
5


Linlithgow
9
5
13
17
44


Selkirk
0
1
0
0
1


Area total
14
24
25
54
117


Tayside   
Arbroath
1
2
0
4
7


Dundee
22
3
7
4
36


Forfar
1
1
0
0
2


Perth
0
4
8
5
17


Area total
24
10
15
13
62


Grand Total
 
272
479
704
699
2,154



  Notes:

  1. The information in this table has been extracted from the Crown Office and Procurator Fiscal Service’s case management system. The database is a live, operational database used to manage the processing of reports submitted to procurators fiscal by the police and other reporting agencies. If a procurator fiscal amends a charge submitted by a reporting agency, the database will record details only of the amended charge.

  2. The database is charge-based. The figures quoted therefore relate to the number of charges rather than the number of individuals charged or the number of incidents that gave rise to such charges.

Criminal Justice (Scotland) Act 2003

Bill Butler (Glasgow Anniesland) (Lab): To ask the Scottish Executive how many individuals have been successfully prosecuted under section 74 of the Criminal Justice (Scotland) Act 2003, broken down by local authority area.

Kenny MacAskill: The available information about charges reported to the procurators fiscal which involved a religious aggravation and where a conviction was recorded is given in the following table. The figures exclude charges where no verdict has yet been reached.

  Number of Charges (where the Charge included a Religious Aggravation in terms of Section 74 of the Criminal Justice (Scotland) Act 2003) where a Conviction was Recorded, 2003-04 to 2006-071

  

Area
Procurator Fiscal Office
2003-04
2004-05
2005-06
2006-07
Grand Total


Argyll and Clyde   
Campbeltown
0
0
4
3
7


Dumbarton
1
2
4
7
14


Dunoon
0
0
0
1
1


Greenock 
0
5
5
10
20


Oban
0
2
1
1
4


Paisley 
2
2
6
4
14


Rothesay
0
0
0
3
3


Area total
3
11
20
29
63


Ayrshire  
Ayr 
4
4
6
4
18


Kilmarnock 
3
5
27
21
56


Area total
7
9
33
25
74


Central   
Alloa
0
1
2
1
4


Falkirk 
1
1
8
7
17


Stirling 
1
5
4
7
17


Area total
2
7
14
15
38


Dumfries and Galloway   
Dumfries 
1
1
0
2
4


Kirkcudbright
0
0
0
0
0


Stranraer
0
1
1
9
11


Area total
1
2
1
11
15


Fife
Cupar
0
1
2
0
3


Dunfermline 
2
1
3
4
10


Kirkcaldy
0
1
0
0
1


Area total
2
3
5
4
14


Glasgow
Area total
78
162
248
143
631


Grampian   
Aberdeen 
3
2
0
0
5


Banff 
0
1
0
0
1


Elgin 
0
0
2
0
2


Area total
3
3
2
0
8


Highland and Island
Dingwall
0
0
0
1
1


Inverness 
0
1
0
4
5


Lerwick
0
0
0
1
1


Lochmaddy
0
1
0
0
1


Area total
0
2
0
6
8


Lanarkshire   
Airdrie
20
35
12
19
86


Hamilton 
25
49
33
31
138


Lanark
0
0
2
3
5


Area total
45
84
47
53
229


Lothian and Borders  
Duns
0
1
0
0
1


Edinburgh 
3
8
5
14
30


Haddington
0
0
1
0
1


Jedburgh
0
2
0
0
2


Linlithgow
6
2
8
8
24


Selkirk
0
1
0
0
1


Area total
9
14
14
22
59


Tayside
Arbroath
0
2
0
2
4


Dundee 
3
1
4
1
9


Forfar
1
1
0
0
2


Perth 
0
2
5
2
9


Area total
4
6
9
5
24


Grand Total
 
154
303
393
313
1,163



  Notes:

  1. The information in this table has been extracted from the Crown Office and Procurator Fiscal Service’s case management system. The database is a live, operational database used to manage the processing of reports submitted to procurators fiscal by the police and other reporting agencies. If a procurator fiscal amends a charge submitted by a reporting agency, the database will record details only of the amended charge.

  2. The database is charge-based. The figures quoted therefore relate to the number of charges rather than the number of individuals charged or the number of incidents that gave rise to such charges.

  3. The figures for 2003-04 to 2005-06 exclude charges which reached a verdict after 14 September 2006. The figures for 2006-07 exclude charges which reached a verdict after 23 August 2007.

Deafblind People

Christina McKelvie (Central Scotland) (SNP): To ask the Scottish Executive what support it provides to deafblind people and whether it has plans to increase this support.

Shona Robison: The provision of direct support to deafblind people is a matter for local agencies. The government does, however, provide funding and support to agencies who work with the deafblind community. Deafblind Scotland receives core funding under section 10 of the Social Work (Scotland) Act. Deafblind Scotland are also active contributors to the Sensory Impairment Action Plan Steering Group on behalf of the deafblind community. People who are deafblind are contributing to the delivery of sensory impairment training to local authorities with the development of National Occupational Standards for social care staff. The Scottish Government will continue to work with representative organisations to pursue improved services and support for people who are deafblind.

Drug Misuse

Jamie Hepburn (Central Scotland) (SNP): To ask the Scottish Executive how many drugs-related deaths there have been in each year since 1970, broken down by class and type of substance.

Fergus Ewing: This information can be found in Drug-related Deaths in Scotland in 2006 published by the General Register Office for Scotland (GROS) in August 2007, copies of which are available in the Scottish Parliament Information Centre (Bib. number 43466).

  A consistent series of figures on drug-related deaths is only available from 1996.

  The paper may also be found on the GROS website at: http://www.gro-scotland.gov.uk/statistics/publications-and-data/drug-related-deaths/drug-related-deaths-in-scotland-2006/index.html.

Education

Hugh O'Donnell (Central Scotland) (LD): To ask the Scottish Executive, further to the answer to question S3W-1555 by Maureen Watt on 17 July 2007, how it is informed of or assesses the extent of bullying in schools given that there is no national data collection.

Maureen Watt: The Executive remains aware of the extent of bullying through ongoing discussions with stakeholders, including ChildLine backed up with wider information from the Anti-Bullying Leadership Group, voluntary organisations and other services working directly with children and young people. To support this, Respect me , the national anti-bullying service for Scotland directly funded by the Executive, will, as part of their support and services, review and assist schools in developing, implementing and monitoring anti-bullying policies.

Health

John Lamont (Roxburgh and Berwickshire) (Con): To ask the Scottish Executive whether its audit processes ensure the provision of fresh chilled drinking water in hospitals.

Shona Robison: The provision of fresh chilled drinking water in hospitals is specifically covered in the NHS Quality Improvement Scotland (NHS QIS) Clinical Standards for Food, Fluid and Nutrition . Standard 3 states that, where clinically appropriate, patients should have access to fresh drinking water at all times. Standard 4.8 states that boards should ensure there is appropriate food and fluid available outwith main mealtimes and that there is on-going monitoring and review of the food and fluid provided for patients. These standards were published in 2003 and will be reviewed by NHS QIS in 2008.

  Audit Scotland is the formal auditor for the public sector. Their most recent review of hospital catering was in November 2006. That review did not specifically mention the provision of fresh chilled drinking water.

Justice

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S3W-2027 by Fergus Ewing on 31 July 2007, how many people were (a) charged with and (b) prosecuted for crimes of indecency in each year since 2001, broken down by (i) category of offence, (ii) constabulary and (iii) sheriff court district, also giving figures for the High Court.

Fergus Ewing: Statistics on persons charged by the police are not collected centrally. The available information on persons proceeded against in court is given in the following tables.

  Persons Proceeded Against for Crimes of Indecency1, by Police Force area, 2001-02 to 2005-06.

  

Police Force and Main Offence
2001-02
2002-03
2003-04
2004-05
2005-06


Central 
 
 
 
 
 


Rape 
1
4
1
8
9


Indecent assault2
4
4
8
9
8


Lewd and indecent behaviour 
20
17
22
24
26


Other crimes of indecency 
4
3
12
7
6


Total
29
28
43
48
49


Dumfries and Galloway
 
 
 
 
 


Rape 
2
1
2
3
3


Indecent assault2
1
2
5
2
6


Lewd and indecent behaviour 
18
4
8
6
9


Other crimes of indecency 
3
2
1
1
-


Total
24
9
16
12
18


Fife 
 
 
 
 
 


Rape 
8
7
3
11
12


Indecent assault2
13
10
8
8
8


Lewd and indecent behaviour 
21
33
25
30
22


Other crimes of indecency 
5
10
12
1
8


Total
47
60
48
50
50


Grampian 
 
 
 
 
 


Rape 
4
4
5
6
3


Indecent assault2
5
7
6
11
3


Lewd and indecent behaviour 
33
21
30
36
42


Offences related to prostitution
-
4
10
12
13


Other crimes of indecency 
11
7
11
15
28


Total
53
43
62
80
89


Lothian and Borders 
 
 
 
 
 


Rape 
19
15
19
20
13


Indecent assault2
15
26
28
33
39


Lewd and indecent behaviour 
56
57
60
60
76


Offences related to prostitution
4
6
14
6
6


Other crimes of indecency 
19
12
9
31
21


Total
113
116
130
150
155


Northern 
 
 
 
 
 


Rape 
3
5
3
8
6


Indecent assault2
12
6
11
8
10


Lewd and indecent behaviour 
23
19
30
37
28


Other crimes of indecency 
12
5
18
18
13


Total
50
35
62
71
57


Strathclyde 
 
 
 
 
 


Rape 
24
19
34
30
34


Indecent assault2
35
32
69
65
50


Lewd and indecent behaviour 
154
129
132
165
137


Offences related to prostitution
125
93
105
210
255


Other crimes of indecency 
41
29
27
41
28


Total
379
302
367
511
504


Tayside 
 
 
 
 
 


Rape 
7
4
12
7
8


Indecent assault2
12
13
10
12
16


Lewd and indecent behaviour 
39
33
34
33
38


Offences related to prostitution
4
2
5
6
9


Other crimes of indecency 
15
7
15
6
7


Total
77
59
76
64
78


Scotland3
 
 
 
 
 


Rape 
68
59
80
93
88


Indecent assault2
97
100
145
149
140


Lewd and indecent behaviour 
364
313
341
391
378


Offences related to prostitution
133
105
134
234
283


Other crimes of indecency 
110
75
105
120
111


Total
772
652
805
987
1,000



  Persons Proceeded Against for Crimes of Indecency1, by Sheriffdom, 2001-02 to 2005-06.

  

Sheriffdom and Main Offence
2001-02
2002-03
2003-04
2004-05
2005-06


High Court
 
 
 
 
 


Rape 
68
59
80
93
88


Indecent Assault2
32
23
45
37
27


Lewd and indecent behaviour 
44
45
39
36
23


Other crimes of indecency 
33
22
31
37
28


Total
177
149
195
203
166


Glasgow and Strathkelvin 
 
 
 
 
 


Indecent assault2
8
9
18
23
16


Lewd and indecent behaviour 
36
34
48
63
51


Offences related to prostitution
125
93
105
210
255


Other crimes of indecency 
17
8
8
5
3


Total
186
144
179
302
325


Grampian, Highland and Islands
 
 
 
 
 


Indecent assault2
15
11
11
11
10


Lewd and indecent behaviour 
46
35
56
70
67


Offences related to prostitution
-
4
10
12
13


Other crimes of indecency 
21
10
25
30
36


Total
82
60
102
123
126


Lothian and Borders 
 
 
 
 
 


Indecent assault2
4
25
26
27
35


Lewd and indecent behaviour 
53
51
54
52
70


Offences related to prostitution
4
6
14
6
6


Other crimes of indecency 
12
8
4
15
17


Total
73
90
98
100
128


North Strathclyde 
 
 
 
 
 


Indecent assault2
10
6
15
17
10


Lewd and indecent behaviour 
42
35
40
45
37


Other crimes of indecency 
5
5
4
5
2


Total
57
46
59
67
49


South Strathclyde Dumfries and Galloway 
 
 
 
 
 


Indecent assault2
7
7
14
13
16


Lewd and indecent behaviour 
77
42
37
49
49


Other crimes of indecency 
9
13
9
18
8


Total
93
62
60
80
73


Tayside, Central and Fife 
 
 
 
 
 


Indecent assault2
21
19
16
21
25


Lewd and indecent behaviour 
66
70
67
76
81


Offences related to prostitution
4
2
5
6
9


Other crimes of indecency 
13
9
24
10
17


Total
104
100
113
113
134


Scotland3
 
 
 
 
 


Rape 
68
59
80
93
88


Indecent assault2
97
100
145
149
140


Lewd and indecent behaviour 
364
313
341
391
378


Offences related to prostitution
133
105
134
234
283


Other crimes of indecency 
110
75
105
120
111


Total
772
652
805
987
1,000



  Notes:

  1. Where main offence.

  2. Includes attempted rape.

  3. Scotland totals may include a few cases where police force or sheriffdom is unknown.

Justice

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S3W-2028 by Fergus Ewing on 31 July 2007, how many failure to appear warrants were issued in each of the last five years to people who had failed to appear at previous trials, broken down by sheriff court district.

Fergus Ewing: The information requested is not available.

Justice

Jamie Hepburn (Central Scotland) (SNP): To ask the Scottish Executive how many individuals have been convicted of being involved in the supply of illegal drugs in each year since 1970 and what proportion served a custodial sentence after conviction.

Fergus Ewing: The available information is given in the following table. Supply of illegal drugs offences cannot be identified separately from other drug offences in the statistics available for years prior to 1985-86.

  Persons with a Charge for Proved in Scottish Courts for Drug Supply Offences1, 1985-86 to 2005-06

  

Year
Total Number
% Receiving a Custodial Sentence


1985-86
244
72


1986-87
286
65


1987-88
335
53


1988-89
345
63


1989-90
394
53


1990-91
514
43


1991-92
610
43


1992-93
646
45


1993-94
904
46


1994-95
950
50


1995-96
1,151
53


1996-97
1,420
57


1997-98
1,551
53


1998-99
1,511
50


1999-2000
1,437
50


2000-01
1,274
52


2001-02
1,317
56


2002-03
1,464
52


2003-04
1,536
51


2004-05
1,689
47


2005-06
1,562
46



  Note: 1. Where main offence.

Legal Aid

Cathy Peattie (Falkirk East) (Lab): To ask the Scottish Executive how many requests for legal aid have been made in each year since 2000 and, of these, how many have been refused, also broken down by region.

Kenny MacAskill: The information on applications and refusals for all types of legal aid, except solemn criminal legal aid, is collected centrally by the Scottish Legal Aid Board.

  Solemn criminal legal aid is granted by the court and data relating to applications and refusals is not collected centrally. Previous information received show refusals of applications for solemn criminal legal aid to have totalled two in 2001-02, three in 2002-03 and 7 in 2005-06.

  Table 1 provides the number of applications and refusals for civil legal aid and summary criminal legal aid in each year since 2000.

  Table 2 provides the number of applications for all summary criminal legal aid in district and sheriff court proceedings in each year since 2000, broken down by court area. Information on civil legal aid applications and refusals is not collected in a format that can be broken down by region or court area.

  Table 1: Number of Applications for Civil Legal Aid and Summary Criminal Legal Aid, since 2000

  

Type
 
2000
2001
2002
2003
2004
2005
2006


Civil Legal Aid
Applications 
17,804
20,245
19,423
18,526
17,089
17,095
16,196


Refusals
5,150
5,825
6,156
5,852
5,371
5,199
4,238


%age refused
29%
29%
32%
32%
31%
30%
26%


Summary Criminal Legal Aid
Applications 
69,331
74,872
79,389
81,805
87,369
84,478
89,488


Refusals
9,466
6,445
6,565
7,286
7,363
7,314
7,556


%age refused
14%
9%
8%
9%
8%
9%
8%


Total
Applications 
87,135
95,117
98,812
100,331
104,458
101,573
105,684


Refusals
14,616
12,270
12,721
13,138
12,734
12,513
11,794


%age refused
17%
13%
13%
13%
125
12%
11%



  Source: Scottish Legal Aid Board.

  Table 2: Number of Applications for Summary Criminal Legal Aid in all Summary Courts Since 2000, by Court Area

  

Sheriffdom
 
2000
2001
2002
2003
2004
2005
2006


Glasgow and Strathkelvin
Applications
17,211
19,099
19,795
19,332
22,144
21,901
22,322


Refusals
2,236
1,369
1,536
1,624
1,751
2,014
2,063


%age refused
13%
7%
8%
8%
8%
9%
9%


Grampian, Highlands and Islands
Applications
8,207
9,224
10,092
10,677
10,174
10,056
10,696


Refusals
1,017
866
989
1,058
951
910
950


%age refused
12%
9%
10%
10%
9%
9%
9%


Lothian and Borders
Applications
10,830
11,549
11,401
10,522
11,258
12,020
13,223


Refusals
1,787
1,171
1,002
1,018
976
1,071
1,202


%age refused
17%
10%
9%
10%
9%
9%
9%


North Strathclyde
Applications
8,881
8,871
9,428
10,420
11,275
10,401
11,158


Refusals
972
568
535
684
720
643
646


%age refused
11%
6%
6%
7%
6%
6%
6%


South Strathclyde, Dumfries and Galloway
Applications
11,129
12,200
12,503
13,862
14,323
13,320
13,807


Refusals
1,603
1,138
1,087
1,217
1,161
1,125
1,171


%age refused
14%
9%
9%
9%
8%
8%
8%


Tayside, Central and Fife
Applications
13,054
13,867
16,049
16,812
18,028
16,600
18,118


Refusals
1,849
1,325
1,395
1,648
1,774
1,524
1,496


%age refused
14%
10%
9%
10%
10%
9%
8%


Unknown Sheriffdom
Applications
19
62
121
180
167
180
164


Refusals
2
8
21
37
30
27
28


%age refused
11%
13%
17%
21%
18%
15%
17%


Total
Applications
69,331
74,872
79,389
81,805
87,369
84,478
89,488


Refusals
9,466
6,445
6,565
7,286
7,363
7,314
7,556


%age refused
14%
9%
8%
9%
8%
9%
8%



  Source: Scottish Legal Aid Board.

Legal Aid

Cathy Peattie (Falkirk East) (Lab): To ask the Scottish Executive how many requests for legal aid have been made by persons appearing in district courts in each year since 2000 and, of these, how many have been refused, also broken down by region.

Kenny MacAskill: Table 1 provides the number of applications for summary criminal legal aid in district courts and the numbers of refusals in each year since 2000.

  Table 1: Number of Applications for Summary Criminal Legal Aid in District Courts since 2000

  

 
2000
2001
2002
2003
2004
2005
2006


Applications 
15,504
14,470
13,932
14,519
15,608
14,674
15,464


Refusals
3,804
2,508
2,292
2,719
2,880
3,028
3,272


%age refused
25%
17%
16%
19%
18%
21%
21%



  Source: Scottish Legal Aid Board.

  Information on applications and refusals for summary criminal legal aid in district courts is not collected by region, but can be supplied on the basis of court location for all summary criminal legal aid. That information is not collected in a way that separates district and sheriff court summary proceedings.

  Table 2 provides the number of applications for all summary criminal legal aid in district and sheriff court proceedings in each year since 2000.

  Table 2: Number of Applications for Summary Criminal Legal Aid in all Summary Courts Since 2000

  

Sheriffdom
 
2000
2001
2002
2003
2004
2005
2006


Glasgow and Strathkelvin
Applications
17,211
19,099
19,795
19,332
22,144
21,901
22,322


Refusals
2,236
1,369
1,536
1,624
1,751
2,014
2,063


%age refused
13%
7%
8%
8%
8%
9%
9%


Grampian, Highlands and Islands
Applications
8,207
9,224
10,092
10,677
10,174
10,056
10,696


Refusals
1,017
866
989
1,058
951
910
950


%age refused
12%
9%
10%
10%
9%
9%
9%


Lothian and Borders
Applications
10,830
11,549
11,401
10,522
11,258
12,020
13,223


Refusals
1,787
1,171
1,002
1,018
976
1,071
1,202


%age refused
17%
10%
9%
10%
9%
9%
9%


North Strathclyde
Applications
8,881
8,871
9,428
10,420
11,275
10,401
11,158


Refusals
972
568
535
684
720
643
646


%age refused
11%
6%
6%
7%
6%
6%
6%


South Strathclyde, Dumfries and Galloway
Applications
11,129
12,200
12,503
13,862
14,323
13,320
13,807


Refusals
1,603
1,138
1,087
1,217
1,161
1,125
1,171


%age refused
14%
9%
9%
9%
8%
8%
8%


Tayside, Central and Fife
Applications
13,054
13,867
16,049
16,812
18,028
16,600
18,118


Refusals
1,849
1,325
1,395
1,648
1,774
1,524
1,496


%age refused
14%
10%
9%
10%
10%
9%
8%


Unknown Sheriffdom
Applications
19
62
121
180
167
180
164


Refusals
2
8
21
37
30
27
28


%age refused
11%
13%
17%
21%
18%
15%
17%


Total
Applications
69,331
74,872
79,389
81,805
87,369
84,478
89,488


Refusals
9,466
6,445
6,565
7,286
7,363
7,314
7,556


%age refused
14%
9%
8%
9%
8%
9%
8%



  Source: Scottish Legal Aid Board.

Mental Health

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive what the reasons are for the increase in detention under mental health legislation for people with learning disabilities.

Shona Robison: There has been a small overall rise in people with learning disabilities who are subject to compulsory detention under the Mental Health (Care and Treatment) (Scotland) Act 2003 (the 2003 Act). The numbers have risen from 239 people in 2004 to 252 people in 2006. People with learning disabilities have a higher incidence of mental health difficulties than the general population. There is also some evidence that they are subject to orders for longer periods.

  People with learning disabilities (with or without a co-morbid mental illness) have the same rights and safeguards under the 2003 Act as other mental health service users. The Mental Welfare Commission for Scotland visits all people on long term orders and provides an important safeguard for people with learning disabilities who may not be able to make representations to the Tribunal.

Mental Health

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive what action it will take to encourage better use of short-term compulsory treatment orders under new mental health legislation.

Shona Robison: Since the implementation of the Mental Health (Care and Treatment) (Scotland) Act 2003, (the 2003 Act), the Executive has encouraged better use of short-term detention certificates which are intended for assessment and/or treatment of people in hospital. The Mental Welfare Commission for Scotland, who have a duty to monitor the operation of the 2003 have reported that the rate of emergency detention remains much lower that it was before the 2003 Act was implemented. Short-term detention is now the usual route into compulsory treatment during normal working hours and 70% of emergency orders are granted outside normal working hours.

Mental Health

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive why, in general terms, men are subject to proportionally longer detentions than women under the current system of mental health care.

Shona Robison: The admission rate for males under the Mental Health Act has been consistently higher than for females in the years 2000–05 (the latest years for which we have complete data). There is also a much greater tendency for men to be subject to mental health orders following a criminal order. This is a complex area and it is not possible to ascertain whether this reflects differential need between males and females or whether there is any systematic bias in the system.

  Once admitted to the psychiatric unit, there is no evidence of any significant difference in length of hospitalisation between males and females.

Mental Health

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether it considers that the overlapping powers of the Adults with Incapacity (Scotland) Act 2000 and the Mental Health (Care and Treatment) (Scotland) Act 2003 are effective in addressing mental health care.

Shona Robison: Taken together, the 2000 act, the 2003 act and the Adult Support and Protection (Scotland) Act 2007, (the 2007 Act) provide a comprehensive framework for supporting, protecting and safeguarding the interests of vulnerable adults in Scotland. Each piece of legislation has a different focus. The 2003 act comprehensively reforms and modernises the legal framework for treatment and detention of people with mental disorder. The 2000 act ensures that measures are in place to safeguard and have decisions made on behalf of adults who lack capacity to make the decisions themselves, including decisions relating to medical treatment. The 2007 act introduces measures to better protect adults at risk of abuse.

  Some people who are unable to give informed consent to treatment may be subject to more than one piece of legislation, depending on the circumstances and care and treatment required. The Mental Welfare Commission for Scotland has produced guidance on consent to treatment and the codes of practice for the acts will contain helpful guidance.

Mental Health

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive how it is implementing its whole-systems approach to mental health care.

Shona Robison: Our approach to mental health has a whole population focus to maintain the mental wellbeing of the people of Scotland; and improve the situation of those with mental ill-health. The approach focuses on promoting attitudes and behaviour which leads to improved mental wellbeing; and ensuring high quality, integrated mental health services are available for everyone that needs them, at all levels of need.

  Our whole systems approach to the delivery of mental health services is based on partnership working across NHS boards, CHPs; local authorities, the voluntary sector and others to deliver on a range of policies and initiatives. These include delivery of the 14 specific and timetabled commitments and 3 HEAT targets set out in Delivering for Mental Health (Bib. number: 41410).

  Progress with delivery by local agencies on this agenda is assisted and informed by a range of national support mechanisms. These include the Mental Health Collaborative which will help deliver targets around reducing readmissions and antidepressant prescribing; benchmarking and information gathering to support the improvement process and publication later this year of standards for Integrated Care Pathways for the main mental health diagnosis. Development of better performance management systems, such as visits to every NHS board in Scotland to review implementation and offer support for change, will also assist delivery by all agencies.

Mental Health

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive how often it meets NHS boards and local authorities to discuss mental health issues; when the last such meeting took place, and what was discussed.

Shona Robison: Regular meetings take place with NHS boards and local authorities to discuss a wide range of mental health issues. Most recently, meetings with NHS board chief executives on 20 June, and NHS board chairs on 23 July included a progress report on the mental health agenda.

  Other meetings include the NHS board annual reviews which take place over July to December, and the twice yearly implementation reviews with NHS boards, local authorities and other partners as part of the on-going monitoring process for the commitments and targets around Delivering for Mental Health (Bib. number 41410); the Mental Health of Children and Young People Framework (Bib. number 38415); and implementation of Rights, Relationships and Recovery, the national review of mental health nursing (Bib. number: 43282). Following visits earlier in April/May these will continue in October/November this year and beyond.

Regulation

Derek Brownlee (South of Scotland) (Con): To ask the Scottish Executive whether it intends to implement a "one in, one out" approach to new regulations.

Jim Mather: We asked the industry-led Regulatory Review Group for their views on various aspects of the Better Regulation agenda. The group comprises representatives of all the main business organisations. The group has made the recommendation to the government that a "one in one out" approach may not be wholly appropriate or realisable at present. The government has asked the group to pursue a specific and focused approach to reducing regulation and the group will keep under review the practicality of introducing a one in one out approach.

  The Scottish Government remain committed to removing existing unnecessary burdens on business and against imposing any new unreasonable ones. We will work closely with the Regulatory Review Group to ensure this happens.

Rendition Flights

Jamie Hepburn (Central Scotland) (SNP): To ask the Scottish Executive what contact it or any of its agencies has had with Westminster’s Intelligence and Security Committee regarding the committee’s inquiry into allegations of extraordinary rendition.

Kenny MacAskill: The Executive has had no contact with The Intelligence and Security Committee (ISC) regarding it’s report on rendition. Annex B of the report provides a list of witnesses and can be found on the ISC website   http://www.cabinet-office.gov.uk/intelligence.

Rendition Flights

Jamie Hepburn (Central Scotland) (SNP): To ask the Scottish Executive what contact any Scottish police force has had with Westminster’s Intelligence and Security Committee regarding the committee’s inquiry into allegations of extraordinary rendition.

Kenny MacAskill: This is a matter for Scottish police forces. The information requested is not held centrally.

Scottish Executive Departments

Karen Whitefield (Airdrie and Shotts) (Lab): To ask the Scottish Executive how much money has been saved by reducing the number of its departments from nine to six.

John Swinney: The Scottish Executive is now led by a strategic board, consisting of the permanent secretary and five directors general. The role of head of department no longer exists. A saving of £300,000 has been achieved by replacing eight head of department posts with five directors general. Further information about the restructuring of the organisation can be found on the Scottish Executive website at http://www.scotland.gov.uk/About/govtmay307 .

Sectarianism

Margaret Curran (Glasgow Baillieston) (Lab): To ask the Scottish Executive how many times the First Minister has discussed sectarianism with the partners who participated in the Summit on Sectarianism.

Fergus Ewing: The Scottish Government will continue to build on initiatives like the two Summits on Sectarianism by maintaining meaningful relationships with the partners involved in these events. This was confirmed by the First Minister on 19 June 2007 when he hosted a reception at Edinburgh Castle to acknowledge the achievements of those who have worked to tackle sectarianism over the past three years. All of the partners who participated in the summits were invited to attend the reception.

Student Finance

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive what support is available to further education students under 19 from low-income families domiciled in Scotland but studying in England, other than the educational maintenance allowance.

Fiona Hyslop: The education maintenance allowance is the main form of support for students under 19 regardless of where they study. Students can contact their local authority to find out what other support options may be available.

  Scottish domiciled students studying dance and drama courses in England may be eligible for a means-tested Dance and Drama Award (DaDA), which consists of a tuition fee contribution and a living costs allowance.

Correction

The reply to question S3W-2315 which was originally answered on 14 August 2007, has been corrected: see page 780 or http://www.scottish.parliament.uk/business/pqa/wa-07/wa0829.htm.

  The reply to question S3W-2769 which was originally answered on 14 August 2007, has been corrected: see page 781or http://www.scottish.parliament.uk/business/pqa/wa-07/wa0829.htm.